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Home My WebLink AboutO-2010-3241 did not pass/regulation of on and off-premise signs within the Main Street District Overlay 7/8 --------------- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 14.2010 Appropriation Requested By: Tim Tietiens Source of Funds: N/A Department: Plan nine: Account Number: N/A Report: _Resolution: _Ordinance: -K- Amount Budgeted: N/A Exhibits: Amount Requested: Ordinance (showing changes) Ordinance MSD Map Public Notice Response Budgeted Item: N/A N/A SUMMARY & RECOMMENDATION On April 26, 2010, City Council held a public hearing to consider amending the sign ordinance for the Main Street District and Overlay. The Council voted to continue the public hearing and any action until their first meeting in June. The intent was to provide an additional opportunity for the business owners in the Main Street District/ Overlay to participate in the planning process. A town hall meeting was held on May 19,2010, at the Old City Hall. Staff answered questions by participants regarding possible changes to the sign ordinance related to on and off-premise signs within the Main Street District/Overlay. Objectives of the proposed ordinance are as follows: 1) Allow a business in the Main Street District with an existing, non-conforming, freestanding, on-premises sign the additional option of replacement as a monument sign up to 8 feet in height. The option to use a building mounted sign would persist. 2) Allow any business fronting Main Street within the Main Street Overlay an additional option of placing a small hanging sign which projects a maximum of four feet from the face of the building into the pedestrian corridor within the Main Street right of way. The sign would be allowed to be 16 square feet in size, with a bottom clearance between seven and eight feet above grade. A license agreement to address maintenance issue in right of way would also be a component of the ordinance. The Planning and Zoning Commission, at their March 24, 2010, meeting, held a public hearing to receive citizen comments regarding on and off-premise signs in the Main Street District and Overlay. As required by ordinance, notices of public hearing were mailed to business/property owners within 200' of the Main Street District. The Planning and Zoning Commission, by majority vote, forwards the proposal to City Council for action. Action Required bv Council: Continue public hearing. ider taking action on recommendation by P&Z on proposed amendments related to on and off-premise signs withi the Main Street District/Overlay. JJq l~ Date /!eJu {II 't'tL cJo fbnniAj l~tJ/~ D i 0 PDT v /)/f'55 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE corm- OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VII. "SIGNS" SECTION 106-874 "ON-PREMISE SIGNS", TO ALLOW INSTALLATION OF ON- PREMISE MONUMENT OR GROUND SIGNS FOR BUSINESSES THAT HAVE A CURRENT ON-PREMISE, FREESTANDING SIGN IN THE MAIN STREET DISTRICT AND OVERLAY; AND BY AMENDING SECTION 106-875"OFF-PREMISES SIGNS", REGARDING STANDARDS FOR OFF-PREMISES SIGNS WITHIN THE RIGHT-OF-WAY OF WEST MAIN STREET PORTION OF THE MAIN STREET OVERLAY; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. ORDINANCE NO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-874 "On-premises signs," of the Code of Ordinances, La Porte, Texas, subsection "a", Freestanding on-premises signs", is hereby amended by adding new paragraph "5", which shall be added in proper numerical sequence and shall read as follows: (5) MS Overlav and District a. Replacement shall only be allowed for businesses that have a pre-existing. non- conforming free-standing on-premise sign. b. The replacement sign shall be a monument or ground sign that does not exceed eight feet (8') in height from the ground to the top of the sign. (Note: In accordance with Section 106-878(b)(2). sign not exceeding 8' in height do not have to be engineered.) c. A City permit shall be required prior to any replacement. d. Replacement authorization shall require the property owner/tenant to eliminate any sign/visibility non-conformities that may currently exist with their free-standing sign. e. A City approved sign design and replacement may be eligible for City participation under the Main Street Incentive Reimbursement Grant Funds." Section 2: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-875 "Off-premises signs," subsection "c", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: (c) L^...ll off premises signs shall be constructed '.'lith a single steel support pole. "(c) Off-premises signs within the right-of-way may be attached to the face ofthe building in the West Main Street portion of Main Street Overlay as follows: 1. Minimum seven (7) foot clearance with maximum eight (8) feet clearance (grade to bottom of Wl1 2. Maximum four (4) foot encroachment/proiection into the right-of-way. 3. Maximum sign face of sixteen (16) square feet. 4. Maximum of one (1) sign per business allowed. 5. Completed Right-of-Way License Agreement with the City." Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. 2 PASSED AND APPROVED this the day of ,2010. CITY OF LA PORTE By: Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 3 ORDINANCE NO. 3;)4/ AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VII. "SIGNS" SECTION 106-874 "ON-PREMISE SIGNS", TO ALLOW INSTALLATION OF ON- PREMISE MONUMENT OR GROUND SIGNS FOR BUSINESSES THAT HAVE A CURRENT ON-PREMISE, FREESTANDING SIGN IN THE MAIN STREET DISTRICT AND OVERLAY; AND BY AMENDING SECTION 106-875"OFF-PREMISES SIGNS", REGARDING STANDARDS FOR OFF-PREMISES SIGNS WITHIN THE RIGHT-OF-WAY OF WEST MAIN STREET PORTION OF THE MAIN STREET OVERLAY; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-874 "On-premises signs," of the Code of Ordinances, La Porte, Texas, subsection "a", Freestanding on-premises signs", is hereby amended by adding new paragraph "5", which shall be added in proper numerical sequence and shall read as follows: (5) MS Overlay and District a. Replacement shall only be allowed for businesses that have a pre-existing, non- conforming free-standing on-premise sign. b. The replacement sign shall be a monument or ground sign that does not exceed eight feet (8') in height from the ground to the top of the sign. (Note: In accordance with Section 106-878(b)(2), sign not exceeding 8' in height do not have to be engineered.) c. A City permit shall be required prior to any replacement. d. Replacement authorization shall require the property owner/tenant to eliminate any sign/visibility non-conformities that may currently exist with their free-standing sign. e. A City approved sign design and replacement may be eligible for City participation under the Main Street Incentive Reimbursement Grant Funds." Section 2: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-875 "Off-premises signs," subsection "c", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "(c) Off-premises signs within the right-of-way may be attached to the face of the building in the West Main Street portion of Main Street Overlay as follows: 1. Minimum seven (7) foot clearance with maximum eight (8) feet clearance (grade to bottom of sign). 2. Maximum four (4) foot encroachment/projection into the right-of-way. 3. Maximum sign face of sixteen (16) square feet. 4. Maximum of one (1) sign per business allowed. 5. Completed Right-of-Way License Agreement with the City." Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. 2 PASSED AND APPROVED this the day of CITY OF LA PORTE ,2010. By: Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 3 A Meeting of the La Porte ~..r!.;;.i.'-'-'i;.!.:.l 11....~ IllV1 ~ 1 n.I.1 \ ':\ \.),. \. LE. 1\ I) I'. ".\' MAH 08 2010 J; UL L/! IBy ....~---.....,.._.._, { @1:::: ..\ PJannin~ & Zoning Commission (Type of Meeting) Scheduled for Match 24, 2010 (Date of Meeting) to Consider On-premise Signs and Off~Pdmise Si21ls within MainSfreet District/Ovedav (Type of Request) - I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: L '-"1 -. ("> f D ~ .- ~\ \4c ,-,{'fZ.><d..J<;' f-H V'<:Nrz....""(:;" r(-\ta~::-<:-_ ~f ~'>I.N,,".~ ,,' 4u "-\ r-.> LAc.,L.J'~ f-k./'1 (1:-1, (<( rtl uv \.. \ \.. L\ ~J () (b.1't.t ('V\ ""'.. ' Y-... t~,,<> -r;:~ ~ \ .. \ liVe.. ~4-0 t:+. "'J'/-+J{"A"2. $; vA) ..........~ '-~<":~J,'-.J<::.-I:i1t( tl T CvV'.!.:L- '7.;;"..... S/~ ~ hI(' WlQ.d'1 Ah..~\4 6(cV) 7,., ----;k (l (..((,v, '-\L..~\..tL~~ <.-1...1,<1,.''> ~~ ~lJ... 70 c;;- 0' . (-\:;.,;.J (~fA (2." , I am OPPOSED to granting this request for the following reasons: l) l::N f\\'( ~ OvtJq4v\ I.t:!!.a;:e ~ease print) \ '- . I~ ~ A.JJV\ .;\...U"W'\ Signature @(~. ~~ (5t&liZQ~T Address !r.t{6~dL 'C'i... "'77 C;-' f City, State, Zip